Matter of McGrath v D'Angio
Motion No: 2008-00697
Slip Opinion No: 2008 NYSlipOp 69194(U)
Decided on April 15, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M69033

M/cb

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-00697

In the Matter of John McGrath, respondent,

v Cheryl D'Angio, appellant.

(Docket Nos. V-15712-05, V-15713-05)

DECISION & ORDER ON MOTION

Appeal by Cheryl D'Angio from an order of the Family Court, Suffolk County, dated December 30, 2007. By order to show cause dated March 21, 2008, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated February 15, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated February 15, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court